Bates v. Ableman
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sauk County. Seymour made an assignment of Ms personal property to Bates, in trust for bis creditors, several of whom afterwards caused a portion of tbe property to be seized and sold under attacbments against Seymour. This action was brought by Bates against tbe attacking creditors, tbe officer who seized tbe property, and tbe attorneys wbo directed tbe seizure, to recover its value.
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APPEAL from tbe Circuit Court for Sauk County. Seymour made an assignment of Ms personal property to Bates, in trust for bis creditors, several of whom afterwards caused a portion of tbe property to be seized and sold under attacbments against Seymour. This action was brought by Bates against tbe attacking creditors, tbe officer who seized tbe property, and tbe attorneys wbo directed tbe seizure, to recover its value. The validity of the assignment was the question in controversy. The assignment was dated vember 29th, 1856, and a subscribing witness to it testified that it was delivered that…
1Opinion
By the Court,
PAINE, J.
A motion for rehearing was made and argued in the case, and the counsel for the appellant, while not disposed to question the correctness of the decision already made, as to the admissions of a vendor made after he had parted with his interest, yet claim that here, the admissions which they proposed to prove by the deposition of Cameron, were made before the assignment was complete, as schedule “A” was not then annexed to it. But we think this schedule was not essential to the validity and effect of the assignment. The instrument itself granted all the property of the…
2Cases cited4 opinions
- Keyes v. BrushNew York Court of Chancery · 1830
- Ogden v. . PetersNew York Court of Appeals · 1860
- Clark v. MixSupreme Court of Connecticut · 1842
- Donaldson v. JohnsonWisconsin Supreme Court · 1850